Posted on December 00, 0000 in Cook County Employment Attorney

It can be easy to misclassify a worker, especially when it comes to small businesses. There are a few different classifications that employees can fall under, such as employee or independent contractor, salaried or hourly and overtime exempt or non-exempt. Assigning the wrong status to a worker can bring costly consequences like liability for employment taxes, required payment of back wages, and other penalties. In order to avoid such trouble that will bring nothing but headaches, you should know exactly what constitutes certain designations and how to determine how you should classify a worker.

Independent Contractor vs. Employee

The first determination you should make is whether or not you technically have an independent contractor or an employee. The Internal Revenue Service (IRS) has developed a set of criteria to help employers make this designation. The IRS states that there are three areas where you should look to figure out if your worker is an employee or an independent contractor.

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 Posted on December 00, 0000 in Record Keeping

Owning a small business in the state of Illinois is both exciting and rewarding. Companies in Illinois have many advantages working in their favor, such as a large and diverse marketplace and a robust, skilled workforce. With these benefits comes the responsibility of maintaining a well-functioning workplace for your employees. An employer can build and sustain a better business by adopting proper record keeping practices. Without adequate data recording, vital information frequently becomes lost, resulting in errors that can impact the quality of the work environment and even result in citations and other penalties.

Why Are Records Important?

Record keeping is one of your most important duties as small business owner, regardless of what type of business you own. There are various methods for keeping track of necessary documents, ranging from file folders in a filing cabinet to an electronic or online system. You must compare all of your options and choose the one best suited for your needs.

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 Posted on December 00, 0000 in Employee Rights

Occasionally, companies need their associates to work more hours than usual. For example, during holidays and other peak shopping seasons, retailers experience a boost in sales volume, and the demand for more employees on the sales floor increases. Rather than hire a new “seasonal” employee to work less than 10 hours per week on a temporary basis, many employers offer these additional hours to their current employees. Employees happily accept the longer work days, because it puts more money in their pocket, and the employee is often eligible for the added bonus of overtime pay. However, when paychecks arrive on payday, many employees find that their paycheck was smaller than expected, and this is not necessarily the fault of the employer.

What Are the Overtime Pay Requirements?

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 Posted on December 00, 0000 in Employee Misclassification

Independent contractors play an important role in many companies. Especially in smaller workplaces in an unstable economy, business owners often choose to hire an independent contractor rather than add another employee to the payroll. This decision is beneficial if appropriately implemented. However, employers should be aware of the common, costly mistakes that can occur in these situations.

Why Hire an Independent Contractor

As a business owner, think about how long it took you to put your team together. The hiring process alone takes an ample amount of time to narrow down the candidates, ensuring you have the right one for your position. Then, consider the days, weeks, or even months of onboard training needed to prepare that employee to be useful in their job. However, that employee may not remain with the company for the hoped duration. Perhaps there is conflict in the workplace, they find another job, or some personal family struggle requires them to step away from their position.

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 Posted on December 00, 0000 in Employment Lawyer

Wage and hour disputes remain a continuous thorn in the side of many employers. According to the Fair Labor Standards Act (FLSA), there are two methods federally approved to determine a salaried employee’s “regular rate” of overtime pay. Aside from exempt salaried employees, employers must choose to pay either a fixed or fluctuating workweek salary, with additional caveats for any hours worked over 40 hours. Employers should select their option based on the needs of the company as well as the laws in their state.

What Is the Difference?

Under the traditional fixed salary workweek method, an employee works the same amount of hours and earns the same paycheck every pay period, as well as “time-and-a-half” -- 1.5 times the normal hourly rate -- for all hours worked over 40 in the workweek. Alternatively, under the fluctuating workweek (FWW) method, an employee earns the same rate of pay regardless of hours worked.

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 Posted on December 00, 0000 in Cook County Employment Attorney

As an employer, it is your responsibility to provide a clean and hazard-free work environment for your employees. One method that has been proven effective in reducing workplace safety concerns is ensuring that workers are not overworked. Requiring employees to work an exorbitant amount of hours without ample rest increases stress, lowers morale, and creates an environment prone to mistakes and injuries. It is in the best interest of the employee, the client, and even yourself to abide by the Illinois One Day of Rest in Seven Act (ODRISA). Doing so can also help avoid any disputes related to overtime pay.

More Than Just a Rest Day

As the name of the act implies, within a seven-day workweek, there must be one full 24-hour rest day. The term “week” refers to seven consecutive 24-hour days beginning at 12:01 AM on Sunday morning and ending at midnight the following Saturday night. The rest day should coincide with the employee’s traditional day of chosen religious worship. The legislation also requires a mandatory unpaid 20-minute meal break for every seven and a half hour shift, which must be given within the first five hours of work. If your employee is a hotel room attendant in Cook County, they receive one 30-minute meal break for a seven-hour shift in addition to two 15-minute rest breaks.

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 Posted on December 00, 0000 in Illinois Small Businesses

The primary goal for most small business owners is to have a thriving business. Expanding a customer base is a crucial component of growing your business. Many companies accomplish this goal by gathering data about their patrons for future use. For instance, many companies collect email information to provide their customers with notices about upcoming events and sales. This method is useful in creating repeat customers and increases the probability of additional traffic. However, businesses must use caution with their clients’ information to avoid breaking federal laws surrounding data privacy and limit the possibility of commercial litigation.

Online Interaction

The majority of companies today use a website to serve the needs of their clients better. However, these websites often track every move each customer makes, storing this information in a database. Small businesses should be sure to follow the proper procedures to protect this customer data. Creating a valid privacy policy is an excellent way to begin. When creating one for your business, keep the verbiage simple and adhere to your promises. Once your plan is ready, make it visible for all customers to read before proceeding with your website.

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 Posted on December 00, 0000 in Employment Lawyer

July 24, 2018 marked the ninth anniversary since the last time the federal minimum wage rate was increased, to $7.25 per hour. Federal laws explain that no state may set minimum wages at less than this amount, but they are welcome to offer more, which Illinois does. In 2010, Illinois raised the state minimum wage to $8.25 per hour. Although there is strong support for another increase, to date, the amount has remained the same. While it seems like it should be easy to pay an employee for the amount they work, there are many complexities to this process that can result in disputes between employers and employees. Common errors include the miscalculation of overtime pay, wage shortages, and violations of minimum wage requirements.

A Complex Math

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 Posted on December 00, 0000 in Illinois employment lawyer

Potential hazards and health risks are everywhere, even in industries that are seemingly safe. As a small business owner, you must protect your employees from dangers and unsafe environments. If an employee is injured, there are multiple insurance options available to them recover. Many new business owners have questions about which coverages are mandated by Illinois employment law.

Health Insurance Coverage

Employers pay hefty costs to offer health insurance, but is it necessary? Deductibles and premiums are higher than workers’ compensation insurance, but health insurance does cover a wide variety of injuries and illnesses, including those that did not occur at work.

Health insurance benefits are not required but can be an added perk to your employees. If you have a small business of fewer than ten employees, discuss the options with your employees. Some people would instead choose their own insurance rather than have the “cookie cutter” plan offered by group benefits, and they may be able to find a better price than is being provided by the group policy.

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 Posted on December 00, 0000 in Cook County Employment Attorney

They say that “time is money,” and that is true in all aspects of life. No matter whether you are discussing your personal life or your business, saving time ultimately saves you money. Especially in a business aspect, proper time management enables you to get more work accomplished efficiently, which can earn your business more money and cut down on overhead costs while ensuring that you meet the requirements of the Fair Labor Standards Act (FLSA). Here are a few time management tips that will help you in both your business and your personal life:

Ditch the Smart Device

Unless your business operates directly on your smartphone, you should make it a habit to keep it out of reach, especially during business hours. Employee cell phone usage should be limited as well. Even the best worker has a hard time avoiding the temptation of checking their device at work. Remove the temptation by either requiring that cell phones be left in one’s vehicle or locker or kept turned off at work. Lead by example and follow the rule yourself to gain optimum efficiency.

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